Forgot to file H4 extension stamp and i 94 expired.


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Hi This is Sree ,I am on H1 and maintaining valid  status changed to other employer  and my H1 is extended till 2019 ,but as I am not aware that I have to extend my spouse H4 visa extension separately  we did not file and now her visa stamp and I 94 is expired 90 days ago and we recently came to know when we went to DMV .
we have already filed her extension through my employer  .
Here are my doubts 
1. Processing time takes around 3 months it seems and she is already out of status from 90 days so till that time she would be crossing 180 days all these days will be considered out of status  even after we filed the extension ?
2. Can she travel to home country while Extension is processing will she have any issues in consulate stamping or better she should stay here ? we are confused what to do now .

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  • 3 weeks later...

Could you please let me know what you did in your case ? Am also in same situation. I 94 expired on sept 2016. My husbands job location is changing so attorney suggested to do h4 extension along with the h1b amendment in premium. So he is going to file nunc pro tunc. His LCA approval is pending as of now. We are in the verge of losing hope :( Since I have very less time left before the 180 days I may have to leave before the result of the petition is out!!! 

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  • 8 months later...


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